When you hear the term “wrongful death,” do you know what it means? Miraldi & Barrett Co., Personal Injury Attorneys in Lorain, OH, enjoy informing the public about legal matters that may impact their lives. Below, one of their dedicated lawyers explains the term and steps individuals can take if they lose loved ones under such unfortunate circumstances.

Understanding Wrongful Death

1. What Does It Mean? 

Wrongful death is a death that occurs due to someone else’s negligent or intentional act or failure to act when they had a duty to do so. Establishing fault by another individual or entity, such as a nursing home or hospital, forms the basis for recovering compensation in this type of personal injury claim.

2. Who Can Recover?

Generally, the deceased person’s surviving spouse and children can recover monetary damages as compensation for their lost loved one. When no such survivors exist, the parents, brothers, and sisters of the deceased can recover.

In Ohio, several people may qualify to receive compensation, but only one person can file a wrongful death claim. The probate court appoints a personal representative to administer the deceased person’s estate, and that person pursues the claim. Legally, a surviving spouse has top priority for appointment.

What Types of Recoverable Damages Are There? 

Survivors can recover special damages, including medical expenses, funeral and burial costs, and lost income. They can also recover general damages, such as for the deceased person’s pain and suffering before passing away and the loss of comfort and companionship they suffer.

If you lose a loved one because of someone else’s actions or inaction, contact Miraldi & Barrett Co., Personal Injury Attorneys, in Lorain, OH. Backed by more than 65 years of experience, they’ll help you pursue full compensation for your losses in a wrongful death case. Find out more about their practice areas, including nursing home neglect, by visiting their website. Schedule a free consultation by calling (440) 233-1100.